Difference between revisions of "Appealing a Workers' Compensation Decision"
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{{REVIEWEDPLS | reviewer = [ | {{REVIEWEDPLS | reviewer = [https://www.ascentemploymentlaw.ca/about-us Richard Johnson], Ascent Employment Law and [https://www.mooreedgarlyster.com/lawyers/sara-hanson Sara Hanson], Moore Edgar Lyster LLP|date= January 2018}} {{Dial-A-Law TOC|expanded = work}} | ||
If you disagree with a decision on a workers’ compensation claim, you can request a | If you disagree with a decision on a workers’ compensation claim, you can request a review of the decision. If you’re still not satisfied, you can appeal to a tribunal. | ||
== | ==Common questions== | ||
===If my claim for workers’ compensation is denied, can I appeal?=== | |||
Yes. You can ask WorkSafeBC (the agency that operates BC’s workers’ compensation program) to review a decision on a workers’ compensation claim. If you’re unhappy with the outcome of the review, you can appeal to a tribunal. | |||
The [https://www.wcat.bc.ca/ Workers’ Compensation Appeal Tribunal] hears appeals of workers’ compensation decisions. We explain the process in our guidance [https://www.peopleslawschool.ca/appealing-a-workers-compensation-decision/ on appealing a workers’ compensation decision]. | |||
===Can any workers’ compensation decision be appealed?=== | |||
No. Only certain types of decisions can be appealed to the Workers’ Compensation Appeal Tribunal. Among those that can be appealed are decisions on: | |||
* whether a certain type of injury or illness is covered by workers’ compensation | |||
* whether a workers’ injury or illness arose out of and during the course of employment | |||
* whether someone was a worker when they were injured | |||
Some WorkSafeBC decisions that can’t be appealed include: | |||
a decision regarding vocational rehabilitation benefits | |||
a decision about whether or not to refer a decision back to WorkSafeBC | |||
a decision not to give you more time to bring your review | |||
We explain this in greater detail in our guidance on [https://www.peopleslawschool.ca/appealing-a-workers-compensation-decision/ appealing a workers’ compensation decision]. | |||
===How can I get a copy of my claims file?=== | |||
On the [https://www.worksafebc.com/en/claims/manage-claim/view-submit-claim-information WorkSafeBC website], you can view all the information associated with your claim. You can also request a copy of your claim, and WorkSafeBC will send the information to you. | |||
=== | |||
To request a copy, complete and send a [https://www.worksafebc.com/en/resources/claims/forms/request-for-disclosure-form-25m13?lang=en '''request for disclosure''' form] to this address: | |||
:Disclosure Department | :Disclosure Department | ||
: | :WorkSafeBC | ||
:PO Box 4700 Stn Terminal | :PO Box 4700 Stn Terminal | ||
:Vancouver BC V6B 1J1 | :Vancouver, BC V6B 1J1 | ||
All your | All your information is usually in your claim file, but sometimes other WorkSafeBC records have personal information too. To see these records, send a written request to: | ||
:Freedom of Information and Protection of Privacy Office | :Freedom of Information and Protection of Privacy Office | ||
: | :WorkSafeBC | ||
:PO Box 2310 Stn Terminal | :PO Box 2310 Stn Terminal | ||
:Vancouver, BC V6B 3W5 | :Vancouver, BC V6B 3W5 | ||
==Who can help== | ==Who can help== | ||
===With more information=== | ===With more information=== | ||
:'''WorkSafeBC''' | |||
:Deals with complaints about unsafe working conditions and injuries on the job. | |||
:Call 1-888-967-5377 | |||
:[https://www.worksafebc.com/ Visit website] | |||
:'''Workers’ Advisers Office''' | |||
:A government office that helps workers with claims for workers’ compensation benefits. They are separate from WorkSafeBC and there’s no charge for their services. | |||
:Call 1-800-663-4261 | |||
:[https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/personal-injury-and-workplace-safety Visit website] | |||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} |